ERC chairman Rodolfo Albano said they just got a copy of the SC decision last Monday and would need more time to study it.
The decision requires ERC to file a motion for reconsideration or appeal within 15 days from receipt of the order.
"Our legal staff and general counsel are preparing a motion for reconsideration. We feel that the SC declaration of illegality is something that we are trying to contest," Albano said.
At the same time, Albano expressed optimism that the public hearings on Meralco’s 13.6-centavo rate increase, of which 12 centavos were granted, will resume by next month.
However, he said the conduct of the hearings may be hampered by the resignation of two ERC commissioners, Carlos Alindada and Leticia Ibay, whose terms will expire this month. The remaining commissioners in the five-man collegial body are former National Power Corp. president Jesus N. Alcordo and Oliver B. Butalid.
Albano said he has written President Arroyo to immediately appoint the two commissioners’ replacement so that the ERC can proceed with the hearings.
He said the ERC can only issue decisions with the concurrence of at least three commissioners.
Albano also emphasized that there is no truth to allegations that the commission did not give the opportunity to the oppositors of Meralco’s rate hike petition to air their side.
"They did not participate because they were not given the data they were asking for," Albano said.
The ERC also noted that it is the responsibility of the oppositors to gather data to back their claims.
Since the SC recognizes the ERC’s authority to issue provisional authority (PA), Albano said the commission will try to prove that they did not "abuse their authority" when it issued Meralco’s PA.